VEERANAGAMMAL Vs. VALLIAMMAL

JUDGEMENT

(1.) THE defendant in the original suit is the appellant in the second appeal. The respondent herein/plaintiff in the original suit had filed the suit on the file of the Court of the Principal District Munsif, Thoothukudi for the relief of partition and separate possession claiming to have half share in the suit properties.

(2.) ACCORDING to the plaint averments, the suit properties, totally 8 items, originally belonged to one Lakkammal (Senior), the mother of both the appellant and the respondent. She had executed a registered will on 09. 11. 1979 bequeathing her properties to her two daughters and two grant daughters, namely the daughters of both the appellant and the respondent. Subsequently, she changed her mind and executed a fresh will on 10. 05. 1989 cancelling the earlier will and bequeathing all her properties in favour of the appellant and the respondent, who would get the properties on the death of Lakkammal in equal moieties. The said will being the last will of Lakkammal (Senior) came into force on 02. 06. 1989, when she died. Thus the appellant and the respondent are each entitled to a common half share in the suit properties.

(3.) THE suit was resisted by the appellant/defendant disputing the genuineness of the will dated 10. 05. 1989 propounded by the respondent/plaintiff. It was also contended that since the daughter of the respondent/plaintiff, by name Lakkammal (Junior) and one of the daughters of the appellant/defendant, by name Shanmugalakshmi were also the legatees under the earlier will dated 09. 11. 1979, they had every right to challenge the genuineness of the will dated 10. 05. 1989 propounded by the respondent/plaintiff. It was also contended that subsequent to the execution of the earlier will dated 09. 11. 1979, the suit items 3 and 8 were given to Subbulakshmi, another daughter of the appellant/defendant by virtue of a gift settlement deed; that thereafter the said items of properties ceased to be the properties of the said Lakkammal (Senior) and that hence, they were not available for partition. With a specific plea of non-joinder of necessary parties in so far as Lakkammal (Junior), the daughter of the plaintiff and Subbulakshmi and Shanmugalakshmi, daughters of the appellant/defendant had not been made parties to the suit, the defendant had prayed for the dismissal of the suit.